highly important question

[menyou 0]

i am here in the us on a k1 fiance visa which will expire by FEB 7th and the wedding will take place on FEB 5th ' only two days earlier ' ,,, according to this we won t file for my AOS and EAD until the next week or so ,,,, my question is , will i still be ligal in this country even though i filed a week after my visa expired ???

another thing is that i ve been told by some people that i have to go to the immigration office in Detroit before my visa expire so they stamp a one year work permit in my passport ,,, IS THIS TRUE ???

thank you so much ,

[Hilarious Clinton 452]

a week is no problem. some people file months later with no problem. but sooner is better

I think the work permit info is bad. you cant work until they approve your EAD. or get an interim EAD

[Kathryn41 3,205]

The most important part of the K-1 visa is to get MARRIED within the 90 days. You don't have to file for AOS within those 90 days, however, it is in your best interest to do so or to file as soon as you can afterwards. Once your I-94 expires you are 'out of status'. If you accumulate 180 days out of status you will incur a 3 year ban if you leave the US and try to re-enter even if you have an advance parole. If you accumulate a year of out of status days you will incur a 10 year ban if you leave and try to re-enter. A few days isn't going to be a problem, however, you do want to file the AOS as soon as you can so that you can get back in status. Once you file the AOS and it is received you become "AOS applicant" and that is your legal status.

No, you do not have to go to immigration in Detroit and have them stamp a one year work permit before your visa expires. There is no such thing for a K-1. You were technically allowed to work on the K-1 until the I-94 expired (however you need a work permit stamp put in your passport when you first entered the US to prove you are eligible to work). That permission to work expires when the I-94 does and is non-renewable. If you wish to work you need to apply for a work authorization (EAD) WITH or AFTER you file the AOS application. The EAD should be processed within 90 days (although it may not be) and you would be allowed to work once again. If your EAD is not processed within 90 days you are allowed to apply for an interim EAD. You used to be able to get the interim EAD at the local office, like Detroit, but they changed that last fall, so there is no stamp available to extend a work permit.

I hope this helps. Good luck with the wedding and getting the AOS application submitted.

[Miranda&James 8]

You will be fine, many people file for AOS after their 90 days is up and encounter no problems (although I hate to put a 100% guarantee on anything). The other posters are right about the work thing, you need to get your EAD before you can work legally in the USA.

[menyou 0]

thanks alot for the information it s really a great clarification

[rebeccajo 14]

What day did you arrive? What is the date on your I94?